>> greg: you used to live in one, right? >> dana: you're still not going. kimberly. >> kimberly: this is a great story. red robin restaurants does act of kindness. one gave a pregnant woman discount on the meal. on the receipt, they do the mom 2 be, good luck. minus 11.50. i love a discount. >> kimberly: that is sexist. it can't get pregnant. >> bob: for the global warming deniers, 2012 was the hottest year on record. >> greg: lies! united states, not the world. >> bob: don't interrupt me. >> greg: you can't do this. global warming is not the united states warning. >> bob: galileo would not be surprised by this. >> bob: you don't get --

>> dana: that is it for "the five." sigh you tomorrow. >> bret: is it common sense to prevent mass shooting or gun control measures? there are signals that the president might not wait for permission from congress to start. this is "special report." good evening. i'm bret baier. what to do about gun violence that left 20 children dead is front and center tonight. vice president biden began his work to find solutions. he hinted that president obama might not wait for congress before taking action. political correspondent carl ram ron. >> they opened the first meeting with victim and gun safety groups and recalled the

rampage that killed 20 children. in connecticut last month. >> i don't think anything touched the heart of the american people profoundly, seeing the young children. >> the president promised quick response in wake of the attack and biden said the legislative and executive actions are possible. insiders say he could present findings next week. mr. obama indicated support for among other things ban on assault weapons. new restrictions on magazines and loophole free background check. national data base to track weapons and increase mental health efforts. >> there is a wide consensus in the gun safety area that should be done around the table. >> he will meet with the other side, even an official from the national rifle association that opposes attempt to

restrict gun rights. they proclaimed january 19 gun appreciation day. they want a big show of support at gun show, stores and shooting ranges. the group leader said if the american people don't fight back now, obama will do to the second amendment what he did to the first. gut it without a moment's thought. after the meeting they fired back at opponents. >> the debate over the second amendment is a distraction that gun lobby is trying to create from a sensible discussion of real solution that the american public supports. >> the nra and other pro gun groups insist on examination of culture, specifically the video game industry. >> mr. obama rubbed elbows with hollywood at the screening of the tv show "1600 pen" this afternoon. friday video game industry

gets their turn. but it's not clear if biden will be present. for immediate action. g.o.p. leaders say gun debate waits until spring. the executive order might take place and that is more about the data base to track weapons to increase the background checks more than anything else. >> bret: thank you. this is a fox news alert. another shakeup in the obama administration. labor secretary hilda soliz submitted resignation this afternoon saying after spending the holiday with her family she is ankious to get to her home in california. it's not clear when she will leave the labor department or who may be in line to replace her. tomorrow, they are set to nominate jack lew to be the

treasuresy secretary. joining us to discuss this are familiar faces. karl rove from texas. and joe trippi in washington. thank you for being here. i want to break down battles one-by-one. the first one getting attention is chuck hagel for defense secretary. how big of a bat doll you think this is. where do you think it will play out? >> this is the biggest of the five nomination fights we know about. maybe a vote against hagel. few republicans, none come to his defense. few republicans might vote for him. he has a contentious personal background. hard, acerbic and hard to work with. more important than that is the record on the issues. opposed to iranian sanctions.

he opposed the iraq surge. defended dialogue with hamas. refused to join in a letter calling on e.u. to condemn hezbollah. he had a pejorative comment to jewish lobby. he has taken stances that indicateed he is less than supportive of the relationship with israel. >> there are two key democrats that could factor in how this goes. one is new york democratic senator schumer. >> he is staying quiet on the fight. talk about the real oppositio opposition. i think there will be some tough hurdles to get over with republicans.

but i don't think there is enough democratic fight to stop the nomination. out of loyalty to the president who don't want him appointed will vote for him. >> bret: john kerry, fair to say he has an easy ride? >> yeah. it's an opportunity to get questions answered on benghazi or put it front and center in how the future of the state department will be run. no, i don't think there is any problem with him. >> bret: you agree, carl? >> it's interesting hearing. i agree that the committee means he gets approved but he will be asked about benghazi and about the basic tenets. and he will go on about the comment of the veteran where he accused the soldiers of raping and pillaging in a manner reminiscent of genghis

kahn. >> bret: lindsey graham said he would put a hold on john brennan nomination until he gets answers on benghazi and the attack in libya. what about john brennan's nomination? >> he has criticism from the left and the right. >> he has been depicted as picking and choosing the target. he has criticism from the right. whether he participated in the leak. the underwear bomber sent out to castigate those who question whether or not the underwear bomber should have been read the miranda rights. he serve served in the bush administration. they will about support for

enhanced interrogation, lindsey graham from the right and variety of characters from the left. at the end of the day he will be confirmed. a lot of serious questions asked. is he a steady solid operator or the publicity hot dog he has been for the last couple of years in the position as counterterrorism director. he has been the principal source for a good movie. >> bret: the questions about leaks may come up in the nomination hearing as well. >> this is the second toughest one but it will get through. this is leverage to get the questions, the republicans want answered on benghazi. and answered on drones. some assurance of where he is going to lead on that. moving forward. i think this is one that the

president will get his way. enough on both sides to confirm it. >> jack lew now white house chief of staff. some republicans have a problem with how he is negotiated on the debt ceiling before. >> the republicans called him transgent and arrogant. last time around. there is bad feelings there. >> bret: democrats may say it's a badge of honor. >> yeah. people like me say no. this is one, i think everybody is expecting this choice. i don't think it will have trouble going through. the hearings are what is important here. getting concessions from the nominees, to show where the administration wants to go moving forward. how they are going to be

carried out. >> despite hagel you both suggest could be a bumpy ride and close vote. you both suggest that all the nominees will likely get votes necessary to get through. but there is a broader policy discussion that happens in these hearings. >> look, every administration when they go through the process of nominees in the first or the second term, you are in essence paying for it. >> you are able to extract concession. you spend time on it. the more time you spend on the nomination the less time you spend on other things. they require the administration to create quick policy. this is the first time that

anybody, democrat or republican, will ask the question about what did the president know and what did he know on the night of september 11, 2012? what did he do and order to be done? response for benghazi. defense, treasury. unforeseen moment of drama in the hearing to pop up. the brennan nomination may be the one with the unforeseen drama. >> bret: last thing, joe, is there an element i will pick this fight, i won this election? i will take it to the republicans. >> he won. usual through president gets to have the cabinet he wants. this is the cabinet he wants. this goes back to the cabinet when he put hillary in there.

in the first term for secretary of state. hagel told his party no on iraq and tells the president things he doesn't want to hear. the president wants that cabinet. he will get it. >> bret: joe, karl, as always, thank you. soon, we will get a labor nomination added. those hearings will begin. up next, will president obama try a political end-around congress on the debt ceiling? humans. even when we cross our t's and dot our i's, we still run into problems. namely, other humans. which is why at liberty mutual insurance, auto policies come with new car replacement and accident forgiveness if you qualify. see what else comes standard

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>> bret: 11 people were hurt when a commuteer ferry slammed in a dock in the financial district. it happened at the pier in southern manhattan. 330 passengers and crew were

aboard the ferry. around 50 suffered minor injuries. no word yet on police say the ferry crew passed alcohol-breath tests. house democrats throw out the first jab in what is expected to be a political fistfight over the debt ceiling. the president has the authority to circumvent congress and raise the bar rowing limit on its own. -- wor rowing limit on his own. the >> reporter: the battle over raising the debt ceiling, house democrats urge president obama to use authority the white house believes he does not have. >> congress has the responsibility and sole authority to raise debt ceiling. >> 20 house democrats sent a letter to the president about house republicans withholding support without the spending

cuts and they won in the event they follow through on this reckless threat we support the use of 14th amendment. the 14th amendment says the validity of the public debt shall not be questioned. leader of the house democrats urged the white house to ignore congress in this case. >> i would do in a second. i'm not the president of the united states. >> the house republican leadership aide says democrats refuse to responsibly address the spending problem and rather than offer solutions they choose to advocate their responsibility. speaker boehner and the house g.o.p. leadership team said the debt limit must be accompanied by reform in greater amount. >> we need spending cut and real tax reform to address the long-term debt problem and pave the way for long-term growth and real growth in jobs in our country. >> with the white house insisting it won't negotiate on the debt limit and the house republicans demanding less spending. allies of the white house suggested a different approach.

such as minting a platinum $1 trillion coin. >> there are no plan "b" here. that's a bad phrase these days. >> that is a reference to the recent fiscal cliff fight. with white house and republican in opposite corner not clear how they manage to avoid a washington-created crisis. bret? >> bret: mike emanuel live on the north lawn. thank you. national cathedral in washington will begin holding gay marriage ceremonies. the dean of the 106-year-old facility perhaps most well known nationally for hosting high from file memorial services says gays and lesbians are children of god and can participate fully in the life of spiritual home of the nation. the church, approved the policy last summer. still ahead the complicated relationship between the u.s. and afghanistan. first, the state of business in america. we will talk live with the president of the u.s. chamber of commerce. this is $100,000.

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>> bret: the interim revenue service taxpayer advocate told us lawmakers need to reduce what she called unconscionable burden you face just to file a tax return. the "new york times" said nina olson said individuals and businesses spend 6 billion how shalls a year working on the taxes. 9 in 10 of you pay money to preparers. or for software to help. board mechs of aig say the company will not join a lawsuit against the federal government over the bail-out that saved that firm. aig's former chief executive said tens of billions of dollars were lost because of the terms of the bail-out. wall street got back on the

winning side today. the dow was up 62. the s&p 500 gained four. nasdaq finished ahead 14. the state of american business is slowly improving. so says the u.s. chamber of commerce president tom donahue. who will talk about where we are. he has a preview this evening. thank you for being here. >> pleased to be here. >> thank you. start here. the state of american business. people are concerned where the country is. where do you say business is heading to 2013? >> business is slowly improving. we will have a little dip in the first quarter-and-a-half because of the new taxes and other factors from the cliff. >> bret: fiscal cliff. >> guest: fiscal cliff. in the long-term, that means the year will get up to 2.5% growth.

this is not going to put people out of work. if you look at what is happe happening in china and other cases the fact we're doing that well portends if we take care of the problems, better, future for us than many of our trading partners. >> what is the biggest concern do you think for businesses? >> the fundamental issue we have to deal with spending. you don't blame anybody for the fact that we have 10,000 people a day retiring. and that people are now living to 80 years of age. we don't want to cut anybody's mode care or medicaid. but we need to turn down the growth curve. if we don't do that, we will build debt at $1 trillion a year. pretty soon that will get to the fact you won't have to worry about what are we going to do about the debt ceiling,

because others worry about it for us. >> bret: you talk to businesses all over and what they see from washington and the back and forth. what do you hear? >> there is another cliff here. regulatory cliff. the massive new regulation in obamacare, the regulation that are going to come out of dodd frank. only 20-25% are done already. unbelievable regulation from the environmental protection agency and all the things happening on the labor and employment rules. no reason to be surprised why business is sitting on trillions of dollars. they have to figure out what it will cost? how many full-time people hay will hire or jobs some place

else? this is an unbelievable burden. if you add businesses and debt, business people wonder what will come next. if we pay some attention, have some positive fix on the issues you could watch explosion of the economic growth in this country we haven't seen in a long time. if we don't, it may go the other way. >> bret: what about your relationship with this white house? chambers' relationship with this white house? the town operates on politics. the election is over. you will deliver state of the business tomorrow. what do you think going forward? >> the job of the chamber of commerce is to represent the american business community. millions of small businesses, medium size and large businesses. it's not my job to agree with the president. but we were founded 100 years ago for two reasons.

to represent the business community and to help our government. for years we have done that. when this administration came to office, they helped them get stimulus bill. they didn't like that. we helped them with the banking and the automobile companies. we want to help them on a lot of things. we need immigration bill. ready to do that. we made a major suggestion. you can't do this in cost cutting and tax increases. we need a third bucket, energy. the most prolific energy company in the world now.

>> bret: when he says at one point several weeks ago that the president said we don't have a spending problem and boehner said, "mr. president, we have a serious spending problem." he repeated the message so often, he said toward the end of the negotiation the president became irritated and said to boehner, "i'm getting tired of hearing you say that." when you hear the quotes, what do you think? >> i'll be straight about this. anybody in a responsible position that doesn't understand we have a spending problem, driven by massive increases in entitlement costs, which nobody votes on when you put them all together, in a social security, medicare and other issues and the debt, it consumes more than 60% of the national revenue. if we don't deal with them, in 12, 15, a few more years we'll eat the revenue of the national government.

everybody knows you have a spending problem. if you don't, if you say we don't you are trying to avoid it or you think the economic growth will get you there. just look, 17 months ago we increased debt to get to $2.1 trillion. it's all gone. that could be a budgeting problem. fiscal problem. also a debt problem. at that rate, we will spend, have a debt of at least another $1 trillion a year. that is $4-$5 trillion in the next administration. real money. >> bret: tom, thank you. good luck on the speech tomorrow. >> thank you. appreciate the opportunity to come on. >> bret: you can see -- speaking of spending -- my special "cost of of spending" series, five-part series on the home page. foxnews.com/specialreport. check that out. we look at the problems with america's debt crisis and the solutions talked about by a different economists. no grapevine tonight.

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>> bret: the flu season is off to an early and energetic start, unfortunately. every state has been affected. illinois is being particularly hard-hit. correspondent steve brown reports tonight from the windy a sniffly city.

>> reporter: this flu season is a bad one. >> we are absolutely seeing increase in number of people coming in with the flu like symptoms. cough, fevers, chills fa teak. >> it started early. 27-fold increase in confirmed cases than at the same time last flu s 41 states had flout outbreak. >> the strain out there causing cases is more vir leapt strain than others -- virulent strain than others so some are symptoms bad enough to warrant visit to emergency department. >> it's happened on illinois that 11 different hospitals ranging from four to 19 hours stop taking nonemergency patients in the e.r. because of the influx of flu parents. flu outbreak in boston prompted officials to declare a public health emergency. >> we are seeing significant rate of hospitalization. much more serious than we have

seen in the last two years. >> near philadelphia, one hospital has a triage tent outside to treat patients with flu symptoms. tamiflu is in high demand and reportedly in short supply in parts of texas. your best defense against the flu -- roll up your sleeve. >> the vaccine this year is a good vaccine that it does match well to flu types in the community. >> but given the strength and the speed of transmission, health official stas window to get the flu shot you have been avoiding is closing fast. bret >> bret: wash your hands. thanks. the obama administration is signaling it may decide not to keep any american troops in afghanistan after the end of the year. at issue will be central to talks between leader and president obama later this week. chief washington correspondent james rosen tonight with a story of a complex relationship. >> it's a classic alliance.

messy, fraction. deeply unsatisfactory to washington and worlds better than the alternative. wracked by decades of war and foreign invasion, afghanistan was suffering under the barbaric rule of the taliban until the u.s. -led invasion of 2001. >> we are committed to doing everything we can to assist you in this time of transition to new afghanistan and afghanistan where people will be able to live in peace. >> it's now a democratic country with an elected government, with human rights for all. >> hamid karzai made his first visit to washington 11 years ago this month. >> how do you expect american forces to stay in afghanistan? >> as long as we are still have terrorist items. and as long as the bad guys are there. americans go out, unless we finish the job. >> how many american troops will remain after the u.s. combat mission ends next

year is now being decided. karzai may not like the answer. >> president karzai relationship with president bush was very congenial. but it all changed when president obama came to office. president karzai got increasingly distant largely by the assessment by some there, the insiders in washington that president karzai was part of the problem. >> two nationwide elections have been held in afghanistan since 2001, but corruption persists and despite pledges of $67 billion in foreign aid, living standards in afghanistan remain among the world's lowest. >> even with international backing, we clearly have not been able to accomplish all that we hoped to do. in afghanistan. i think part of it is because we try to be a little bit too ambitious in our goals and objectives for remaking afghanistan. >> u.s. diplomats hope to have

inked by november security agreement with afghanistan. sources say the obama administration may be willing to boost the number of troops it leaves in the country after 2014 if the karzai government will agree to confer immunity from the criminal prosecution on those troops. bret? >> bret: thank you. the first major prisoner swap at the syrian civil war is underway. 48 iranians held captive from august were freed by rebels. greeted at damascus hotel by iran ambassador. syrian government agreed to release 2,000 detainees. american officials say iran government is behind video and photographs of retired f.b.i. agent levinson who disappeared there in 2007. the "associated press" report the high quality of the images sent anonymously to his family two years ago led to the conclusion. iran denied any involvement. the administration begins a new gun control effort. we will talk about it with the fox all-stars when we come

back.

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>> the president is going to act. there are executive orders, executive action that can be taken. we haven't decided what that is yet. but we are compiling it all with help of the attorney general and all the rest of the cabinet members. as well as legislative action we believe is required. >> bret: vice president biden today, the first meet og the task force to find some solutions on gun violence. said there are consensus on three to four things in the gun safety area. is how he claimed around that table of officials from the various groups. gun safety groups. victims. thursday he metes with hunting group and official from the national rifle association.

that group, obviously, the n.r.a. staunchly opposed to any efforts to co come after or restrict the gun right in any way. its president speaking out about that, saying there are more problems in hollywood. >> we have blood-soaked fimms out there. like "american psycho." "natural born killers" that are aired like propaganda loop on splaterday and every day. rather than face the moral failing the media demonized lawful gun owners. >> bret: the thing that raised everyone's eyebrows today was the talk of executive action. perhaps even before congress acts on gun control or any other broad measure. bring in the panel. steve hayes, senior writer for "weekly standard." charles lane, opinion writer for "washington post." syndicated columnist, charles krauthammer. steve, thoughts on the vice president's comments and the overall effort? >> the first thing must be

said people who thought the creation of the commission would mean the white house would duck serious attempts to do something, were wrong. that is not the case. white house is proceeding. it seems to be taking an aggressive path. nobody should be surprised that the white house would do executive action that they could don't with congress. they have done it on issues from immigration to series of others. that is, it rings true when joe biden says they will push that aggressively. i think, you know, what they are likely to do is push for greater enforcement through the executive action. things like background checks. encouraging other federal government agencies to provide information in their possession to the f.b.i. to help compile more information on people who could be threats to get guns. the smaller, the lower hanging fruit of the debates. they are likely to pursue the bigger picture, assault

weapons been a ban through legislative action. >> bret: chuck? >> politics of this remindbe me of politics of gay marriage. gun control, like gay marriage is popular in democratic base but the president came belate belatedly. now is going all out on it. so i think in that sense, it's consistent with the strategy for the second term, which has been to in a way tilt toward progressive of the party. the difference is public opinion more broadly. this is less clear for the gun control. the handicap he will run in to are red state democratic senators. who have gun owner in their state and wouldn't approve of this. many of whom are up for re-election in 2014. >> bret: it does seem like a lot of politicians are going to their corners, charles, at least in this time, at some

point right after newtown it seemed there was a moment where things were moving. seems like the base in both parties are getting active. >> they are getting active, but the broad public opinion hasn't changed radically. it's not a left/right issue or democratic/republican issue. a lot of the democrats who are pro-gun, as you see it, represented by many senators. i think we are going to end up exactly where we started. probably going to try an assault weapons ban or it will be a little bit tighter. it didn't work. the numbers lasted for ten years from the mid-90s. the statistics on it had no effect. the reason is simple. if you really -- if we had honest debate, the gun owners would admit yes, of course, guns contribute to homicide. the rate in britain where they don't have any is ten times as much as here. japan had 11 fun homicides last year. that is a weekend in chicago.

where we are different, we have a 200-year history and culture of gun ownership. we have a second amendment. we have a system that believes that the right, second amendment, predate the republic. the point of having a government, as declaration is to secure the rights. in britain, you have no such right. the government will control gun ownership. so unless you are willing to confiscate, which would be unconstitutional, would cause insurrection in the country, auz australia did. these things will not have an effect unless at the marches. that is the tragedy. >> there are lawmakers in several states talking about confiscating. we heard lawmaker in iowa. a couple of other lawmakers. then you had today, state of the state address from new york governor cuomo. who said he wants to enact the toughest assault weapons ban legislation in the nation.

he was animated about it today. >> i say to you, forget the extremists. it's simple. no one hunts with an assault rifle. no one needs ten bullets to kill a deer. and too many innocent people have died already. [ applause ] end the madness now. let's get reasonable gun control in the state of new york. make this state safer. [ applause ] save lives. >> bret: well-received there. >> it depends on your meaning of "extremist." governor cuomo was one of those who initially talked about confiscation. that is his word. he used that word. confiscation. that is something on the extreme of the left side of the democratic party. >> bret: there will be many talks about this at this panel. the panel weighs in on cabinet picks and confirmation fights next. [ male announcer ] when was the last time something made your jaw drop?

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>> bret: quite a long segment with karl rove and joe trippi about the nomination bat to come. we thought we'd finish the second panel here with thoughts on the battles. back with the panel. first, john brennan, steve, for c.i.a. director.y ride perh. >> hoar is what is surprising me having done reporting on this in the past couple of days. i think he will be in for a real fight. much more than white house anticipated when they put hip up with chuck hagel, if the idea was to have hagel sort of have a tough nomination fight and republicans were going to have to choose between the two. i think brennan is likely to get a tough fight. i think you have republicans ask a series of questions about the leaks and

splittization and lack of transparency. he will get those questions from the right. you have senior republican ledge slitters who warned the white house against making the pick of john brennan for c.i.a. who are not happy they basically were ignored. he will be criticized from the left going back to days of defending the interrogation. >> bret: obviously, benghazi. jack lew, chuck, senator jeff sessions, ranking member of the budget committee said this. jack lew must never be treasury secretary. his testimony before the senate budget committee less than two years ago was so outrageous and false that it alone disqualifies. jack lew is not that man. >> well, i guess if jeff sessions represented the majority party, his words there might have a little more bite than they do. jack lew actually in truth is the least controversial of the nominees we're going to talk about tonight. he is very liberal. no question about that. he has come up through the ranks starting in tip o'neil's office in years ago on the

democratic side of the party. capable. knows the numbers. has the president's trust. even though he has offended some republicans by his behavior in the negotiations, president likes him. they won't go to the matt over this. >> bret: chuck hagel, charles? >> here from the two leading hagel indicators. schumer on the democrats and mccain on the republican. he is from new york. unequivocal. if he goes with hagel in the end, hagel will be approved. as for mccain, his issue is more iran and iraq. mccain did say in 2006 he liked hagel. he would have made him secretary of state or considered him. what has happened since really gone against the grain of mccain. remember hagel came out against the surge, which was important in mccain's view.

he came out against designating the revolutionary guards as terrorists. mccain is equivocal, he has been critical but he hasn't committed himself. if he comes out in favor of hagel in the end, he will also be. if schumer and mccain oppose him, he could be defeated. >> bret: one-word answers. will one of the nominees go down? >> if it was it would be hagel. but give him a 3 to 1 advantage. >> no. >> maybe. >> bret: stay tune to the washington latest solution to the nation's debt problem. e pro. but, dad, you've got... [ voice of dennis ] allstate. with accident forgiveness, they guarantee your rates won't go up just because of an accident. smart kid. [ voice of dennis ] indeed.

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